AMENDMENTS NOT IN FORCE
— 2021, c. 23, s. 277(2)
277 (2) Section 2 of the Act is amended by adding the following after subsection (4):
References to error, omission or improper conduct
(5) A reference in this Act to an error, an omission or improper conduct shall be construed as including an error, an omission or improper conduct that results from a bias or barrier that disadvantages persons who belong to any equity-seeking group.
— 2021, c. 23, s. 280
280 Section 36 of the Act is replaced by the following:
36 (1) In making an appointment, the Commission may, subject to subsection (2), use any assessment method, such as a review of past performance and accomplishments, interviews and examinations, that it considers appropriate to determine whether a person meets the qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i).
Identification of biases and barriers
(2) Before using an assessment method, the Commission shall conduct an evaluation to identify whether the assessment method and the manner in which it will be applied includes or creates biases or barriers that disadvantage persons belonging to any equity-seeking group and, if one is identified, make reasonable efforts to remove it or to mitigate its impact on those persons.
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